Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H396 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1372 FILED ON: 1/18/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 396
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Alyson M. Sullivan-Almeida
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act in relation to prohibiting price gouging with respect to goods, services and supplies
13	13	during a declared public health emergency.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Alyson M. Sullivan-Almeida7th Plymouth1/18/2023Michael J. Soter8th Worcester1/26/2023Angelo L. D'Emilia8th Plymouth1/31/2023Joseph D. McKenna18th Worcester1/31/2023David F. DeCoste5th Plymouth2/9/2023Rodney M. Elliott16th Middlesex2/14/2023Marcus S. Vaughn9th Norfolk2/14/2023 1 of 3
17	17	HOUSE DOCKET, NO. 1372 FILED ON: 1/18/2023
18	18	HOUSE . . . . . . . . . . . . . . . No. 396
19	19	By Representative Sullivan-Almeida of Abington, a petition (accompanied by bill, House, No.
20	20	396) of Alyson M. Sullivan-Almeida and others relative to prohibiting price gouging of goods,
21	21	services and supplies during a declared public health emergency. Consumer Protection and
22	22	Professional Licensure.
23	23	[SIMILAR MATTER FILED IN PREVIOUS SESSION
24	24	SEE HOUSE, NO. 464 OF 2021-2022.]
25	25	The Commonwealth of Massachusetts
26	26	_______________
27	27	In the One Hundred and Ninety-Third General Court
28	28	(2023-2024)
29	29	_______________
30	30	An Act in relation to prohibiting price gouging with respect to goods, services and supplies
31	31	during a declared public health emergency.
32	32	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
33	33	of the same, as follows:
34	34	1 Price gouging; goods, services and supplies during a Public Health Emergency.
35	35	2 1. For the purposes of this section, the following terms shall have the following meaning:
36	36	3 (a) “Public Health Emergency” shall mean a period of time during which the Governor of
37	37	4the Commonwealth of Massachusetts or the President of the United States has declared a State of
38	38	5Emergency pursuant to their respective authorities related to the health and safety of the residents
39	39	6of the Commonwealth of Massachusetts or some portion thereof.
40	40	7 (b) goods, services and supplies shall mean those goods, services, products, and supplies
41	41	8used, bought or rendered primarily for the care, cure, mitigation, treatment, or prevention of 2 of 3
42	42	9illness or disease, such term shall include, but not be limited to: bandages, disinfectants, gauze,
43	43	10or dressings; hand sanitizer, antibiotic ointment, rubbing alcohol, hydrogen peroxide, saline
44	44	11solution; medical or surgical masks; medical or surgical gloves; tissues; over-the-counter
45	45	12medication; and any other goods or products identified in emergency regulations promulgated by
46	46	13the commission of the department of health during a public health emergency.
47	47	14 2. No service provider, manufacturer, supplier, wholesaler, distributor or retail seller of
48	48	15such goods, services and supplies shall sell or offer for sale any such consumer goods, services
49	49	16or supplies for an amount which represents an unconscionably excessive price during a Public
50	50	17Health Emergency.
51	51	18 3. (a) A price is not an “unconscionably excessive price” if it is fifteen percent or less
52	52	19above the price charged by the seller for such goods, services or supplies immediately prior to
53	53	20the Public Health Emergency. (b) A defendant may rebut a prima facie case based on an alleged
54	54	21violation of this section with evidence that additional costs not within the control of the
55	55	22defendant were imposed on the defendant for the goods, services or supplies that caused the price
56	56	23to exceed the fifteen percent increase.
57	57	24 4. Where a violation of this section is alleged to have occurred, the Attorney General or
58	58	25the District Attorney may apply in the name of the people of the Commonwealth of
59	59	26Massachusetts to the Superior Court of the Commonwealth of Massachusetts within the judicial
60	60	27district in which such violations are alleged to have occurred, on notice of five days, for an order
61	61	28enjoining the allege unlawful acts. In any such proceeding, the court shall impose a civil penalty
62	62	29in an amount not to exceed twenty-five thousand dollars for each violation plus forfeiture of the
63	63	30amounts related to any transaction found to be an “unconscionably excessive price”. 3 of 3
64	64	31 5. This Act shall take effect immediately.